Vikramaditya Prasad, J.

1. This writ petition has been filed for a declaration that the Bihar State University Service Commission constituted under the Bihar State University (Constituent Colleges) Service Commission Act, 1987, continues to operate in the State of Jharkhand and the respondents are bound to consider and act upon the recommendations made by the aforesaid University Commission (hereinafter referred to as the Commission) and for quashing the order dated 17.8.2001 as also order dated 5.10.2001, Annexure-8, whereby the authority including the Vice Chancellor, Siddhu Kanhu University, Dumka, was directed not to act on the recommendations/concurrence received from the Commission after creation of the State of Jharkhand and for a further direction upon the respondent No, 1 and 2 to immediately appoint the petitioner on the post of Registrar, Siddhu Kanhu University, Dumka, in pursuance of the recommendations made by the Commission as contained in Annexure-5 with all consequential benefits.

2. The basic question to be answered in this writ petition is whether the Commission continues to operate in the State of Jharkhand.

3. The short facts of the case are that the petitioner was appointed as Lecturer in Mathematics in 1972 and in the year 1990, he was promoted to the post of University Professor under Merit Promotion Scheme with effect from 6.6.1990. In the year 1976, the Bihar State University Act, 1976, was enacted, which also governed the Shiddhu Kanhu University, Dumka, (now in the State of Jharkhand). The Bihar State University (Cohstituent Colleges) Service Commission Act. 1987, was enacted in the year 1987, under which the recommendations for appointment of the Officers and Teachers of the Universities, were to be made. On 29.6.1999, the Siddhu Kanhu University made a request to the Commission to recommend the names of the persons for appointment to the post of Registrar of the said University. Accordingly, an advertisement was published by the Commission in the year 2000, Annexure-3. The petitioner applied on 11.9.2000, Annexure-4, for his appointment to the aforesaid post of Registrar. On 15.11.2000 the State of Jharkhand was created pursuant to the Bihar Reorganization Act, 2000. On 13.12.2000, the State of Jharkhand adopted the Bihar State University Act, 1976, with modification for the State of Jharkhand. Now this Act is known as Jharkhand State Universities Act. The State of Jharkhand has not passed any Act for adopting the Bihar State University (Constituent Colleges) Service Commission Act, 1987. The State of Jharkhand has not established Jharkhand State University Service Commission for making recommendations for appointment of the Officers and Teachers of the Universities. The case of the petitioner is that the Commission is a body corporate. Accordingly, it is governed by Section 66 of the Bihar Reorganization Act, 2000. On 16.8.2001, the petitioner was issued interview letter, Annexure- 4/1, for the said post and on 11.9.2001, the petitioner was duly interviewed. On 16.3.2002, the name of the petitioner was recommended for the post by the Commission, despite that, the petitioner did not hear anything from the concerned authorities of Siddhu Kanhu University. He therefore filed representations on 17.3.2002 and 2.4.2002, Annexure-6 and 6/1, to the Vice Chancellor. Another representation was also filed by the petitioner on 14.5.2002 and 10.7.2002 for the same relief to the Chancellor, Annexure-6/2 and 7. The petitioner did not receive any reply from either of the authorities. But later on the petitioner came to know that by letter dated 5.10.2001, Annexure 8, Governors Secretariat addressed a letter to all the Vice Chancellors informing that in a meeting dated 17.8.2001, it was observed that the recommendations received from the Commission, after creation of the new State, are not binding to be acted upon by the Universities of Jharkhand, and further directing not to act upon such recommendations, till